Contents
1Citation and commencement#
These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 and shall come into operation on 24th March 2022.
2Amendment of income-related benefit legislation#
(1)The provisions specified in paragraph (5) are amended in accordance with paragraphs (2) to (4).
(2)In sub-paragraph (zzb) for “(h)(iv)” substitute “(h)”.
(3)After sub-paragraph (zzb) insert—“zzc a person in Northern Ireland who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—i has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, orii has a right of abode in the United Kingdom within the meaning given in section 2 of that Act;”
(4)In sub-paragraph (h) omit the words from “where that leave is” to the end.
(5)The provisions referred to in paragraph (1) are—
(a)regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental–persons from abroad);
(b)regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental–persons from abroad);
(c)regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland);
(d)regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad);
(e)regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad);
(f)regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad).
3Amendment of the Universal Credit Regulations#
(1)Regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 2016 (persons treated as not being in Northern Ireland) is amended in accordance with paragraphs (2) to (4).
(2)In sub-paragraph (zb) for “(e)(iv)” substitute “(e)”.
(3)After sub-paragraph (zb) insert—“zc a person in Northern Ireland who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—i has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, orii has a right of abode in the United Kingdom within the meaning given in section 2 of that Act;”
(4)In sub-paragraph (e) omit the words from “where that leave is” to the end.
4Amendment of disability and carers benefit legislation#
(1)The provisions specified in paragraph (4) are amended in accordance with paragraphs (2) and (3).
(2)In paragraph (1)—
(a)at the end of sub-paragraph (d) omit “or”;
(b)after sub-paragraph (e) add—“orf leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 where the person—i was residing in Ukraine immediately before 1st January 2022; andii left Ukraine in connection with the Russian invasion which took place on 24th February 2022.”
(3)In paragraph (1A) for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.
(4)The provisions referred to in paragraph (1) are—
(a)regulation 9C of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(b)regulation 2C of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(c)regulation 2C of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom).
5Amendment of the Personal Independence Payment Regulations#
(1)Regulation 23A of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refugees and certain persons with leave to enter or remain in the United Kingdom) is amended in accordance with paragraphs (2) and (3).
(2)In paragraph (1)—
(a)at the end of sub-paragraph (d) omit “or”;
(b)after sub-paragraph (e) add—“orf leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 where C—i was residing in Ukraine immediately before 1st January 2022; andii left Ukraine in connection with the Russian invasion which took place on 24th February 2022.”
(3)In paragraph (1A) for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.
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